Outcome: Dismissed
AUG092021_03B5203
Our summary
Industrial chemist seeking NIW for research on chemical applications. First prong met but second prong failed because patent and publications, though recognized, did not demonstrate sufficient industry impact or record of success needed to show petitioner well positioned to advance research endeavor.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Merit and national importance · Director's finding accepted; proposed research endeavor met substantial merit and national importance requirements.
What was missing
- Well positioned · Patent and publication record insufficient; petitioner did not demonstrate significance of innovation or that work generated substantial industry progress.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Director's finding accepted; proposed research endeavor met substantial merit and national importance requirements. | |
| Not met | Patent and publication record insufficient; petitioner did not demonstrate significance of innovation or that work generated substantial industry progress. | |
| Not reached / not discussed | Second prong failed; dispositive issue means third prong analysis not reached. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
